The Second Time Around

An attorney disbarred and reinstated has been recommended for a second disbarment by the California State Bar Court Review Department.

The offense was practicing after the first disbarment

Joseph Giovanazzi was admitted to practice in 1969, disbarred in 1990 after two prior disciplines, reinstated in 2003, and charged in 2012 with the unauthorized practice of law (UPL) and intentional deceit to a superior court that he was entitled to practice law when he knew that he was not. A State Bar Court hearing judge found Giovanazzi culpable of the charges and recommended disbarment, concluding that his prior discipline was an extremely aggravating circumstance not overcome by the minimal weight of mitigating circumstances.

…we affirm the hearing judge’s findings and uphold his recommendation.

The misconduct tool place after a 2011 suspension for non-payment of bar dues

In 2011, Giovanazzi represented a defendant, James Deck, in a multi-count felony jury trial in Riverside County Superior Court. The most serious charge against Deck — attempted murder of a peace officer — resulted in a mistrial and was set for a new trial setting on August 5, 2011. A hearing was also set for August 5, 2011 for Deck’s sentencing on the remaining counts of which the jury had found him guilty.

Between July 1 and August 10, 2011, Giovanazzi was suspended from the practice of law in California for failing to pay his State Bar member fees.

Despite the suspension, he appeared on August 5. The trial judge knew of his suspension.

His story

Giovanazzi testified below that he came to the August 5 hearing not to appear as Deck’s attorney of record, but to be “personally satisfied with an abundance of caution” that Deck’s rights were protected and that there would be a smooth transition to successor counsel. Giovanazzi claimed that he came to court with a motion in case the judge ordered Deck’s retrial to proceed and a continuance motion were needed, but denied that he lodged it with the Clerk or gave a copy of it to Garrett. He also denied indicating to the Court that he was entitled to practice law and he assumed from the nature of the sidebar conference that Judge Freer knew that he was suspended. Giovanazzi sought to explain to Judge Freer the circumstances of the suspension but testified that the judge cut him off.

The review department did not buy the explanation

We hold that Giovanazzi breached his duties as an attorney and committed an act of moral turpitude by engaging intentionally in the unauthorized practice of law, both by holding himself out on August 5, 2011, as entitled to practice, and appearing for his client, Deck. Giovanazzi testified below that he was a mere spectator in the courtroom, there to distantly observe the hearing. But the evidence showed that he was actively engaged first with opposing counsel Garrett and then with Garrett and Judge Freer at the sidebar conference about his status as attorney for Deck, never revealing to them that he was suspended when he knew that he was.

The review department rejected other attacks on the findings of fact below. (Mike Frisch)